Terms of Service

Terms of Service

Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Apex Web. By requesting, purchasing, or using any of our services, you confirm that you accept these Terms. If you do not agree with any part of them, please do not use our services.

1. Definitions

   “Apex Web”, “we”, “us” or “our” means the web agency operating at apexweb.vip, based in Karachi, Pakistan.

   “Client”, “you” or “your” means the individual, business, or other entity that purchases or uses our Services.

   “Services” means all website design, development, hosting, e-commerce, digital marketing, branding, and related services described on our website.

   “Free Site” means a website delivered under our free website promotion, built from a pre-designed, recycled template.

   “Paid Site” means a custom website developed under a paid custom development agreement.

   “Content” means all text, images, files, data, products, and other materials submitted or displayed on a website we host or build.

2. Eligibility

   You must be at least 18 years old to purchase or use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms and, where applicable, the authority to bind the business or entity you represent.

3. Free Website Program

   • Free Sites are fulfilled using pre-designed, recycled templates. Exclusive, non-recycled designs are only provided under paid custom development agreements.
   • A Free Site requires an active, paid hosting subscription with Apex Web. Free Sites are not standalone or transferable deliverables.
   • Apex Web retains all rights, title, and interest in Free Sites, including all source code, design, and layout. You receive a revocable, non-exclusive, non-transferable license to use your Free Site while your hosting subscription remains active.
   • Free Sites are provided strictly “as-is” and “as available” without any warranty of any kind.
   • We may modify, limit, or discontinue the Free Website Program at any time with reasonable notice to you.

4. Paid Custom Development

   • Scope, price, and delivery timeline for custom work are confirmed in writing (quotation, invoice, WhatsApp, or email) before work begins.
   • Upon full payment and final delivery, you own the final version of the deliverables described in your quotation, subject to section 7 (Intellectual Property).
   • Apex Web retains a non-exclusive, perpetual license to display completed work in our portfolio, case studies, and marketing materials, unless a written confidentiality agreement states otherwise.
   • Unpaid balances may result in suspension of delivery or access to completed work until the balance is settled.

5. Payment & Billing

   • Fees for Services are quoted in Pakistani Rupees (PKR) or US Dollars (USD), as stated on our pricing page or in your quotation.
   • Hosting is billed on a monthly or yearly cycle. Yearly plans may include benefits such as a free domain (only .pk), as described on our pricing page.
   • Fees are due at the start of each billing period. Services may be suspended if payment is not received within the stated grace period.
   • Base pricing can adjust with hosting load, traffic volume, and the size of your customer base. You will always be notified before any change takes effect.
   • We may use third-party payment processors. Payment card and bank details are handled by those providers under their own terms and are never stored on our servers.

6. Cancellation & Refunds

   • You may cancel your hosting subscription at any time by notifying us via WhatsApp or email.
   • Hosting fees are non-refundable. On cancellation, the Services continue until the end of your current paid billing period, then stop. No partial or pro-rated refunds are issued.
   • Custom development deposits and one-time setup fees are non-refundable once work has begun.
   • After cancellation or termination, we may delete or archive the website, its Content, and related data after a reasonable wind-down period, and you will no longer have access to them.

7. Intellectual Property

   • Free Sites: Apex Web owns all rights in the template, design, and code. You do not acquire ownership.
   • Paid Sites: after full payment, you own the final deliverables specified in your quotation. Apex Web grants you the full rights to that specific build, subject to the portfolio license below.
   • Your Content: you retain ownership of your Content (text, images, products, and data). You grant Apex Web a non-exclusive license to host, display, and process your Content solely to provide the Services.
   • Our Materials: all logos, trademarks, documentation, and marketing assets remain the property of Apex Web.
   • You may not resell, redistribute, or sublicense any Free Site, template, or our proprietary materials without written permission.

8. Client Responsibilities

   • Provide accurate and complete information, Content, and access needed to deliver the Services.
   • Keep your login credentials, passwords, and domain registrar accounts secure.
   • Ensure your Content and business activities comply with all applicable laws.
   • Maintain your own backup copies of important data; we are not responsible for data loss.
   • Respond to our reasonable requests in a timely manner so we can meet delivery timelines.

9. Prohibited Conduct

   You agree not to use our Services to:

   • Violate any applicable law, regulation, or court order.
   • Host, publish, or distribute content that is unlawful, defamatory, obscene, hateful, or infringes the rights of others.
   • Distribute malware, ransomware, viruses, phishing pages, or any malicious code.
   • Facilitate fraud, pyramid schemes, gambling operations (where prohibited), or deceptive practices.
   • Attempt to access, probe, or attack the infrastructure, servers, or data of Apex Web or our other clients.
   • Infringe the intellectual property or privacy rights of any person.

10. Acceptable Use of Hosting Services

    • Our hosting plans include stated resource limits (for example, storage, bandwidth, database size) as described on our pricing page. We may suspend or throttle service if usage materially exceeds the agreed limits.
    • You are responsible for the security of your website and for keeping platform software, plugins, and integrations updated where you have administrative access.
    • Email accounts provided with hosting plans must not be used for bulk unsolicited messaging (spam).
    • We monitor for abuse and may remove content that violates these Terms without prior notice.

11. Third-Party Services

    Our Services rely on trusted third-party providers:

    • Cloudflare — CDN, security, and hosting infrastructure.
    • Cloudflare Turnstile — bot protection.
    • WhatsApp — communication.

    These providers have their own terms of service and privacy policies, which apply when you interact with them. We are not responsible for the acts or omissions of third-party providers to the extent permitted by law.

12. Disclaimer of Warranties

    To the maximum extent permitted by law, our Services — including all Free Sites, hosting, development, and related deliverables — are provided “as-is” and “as available”, without warranties of any kind, express, implied, or statutory. This includes implied warranties of:

    • Merchantability.
    • Fitness for a particular purpose.
    • Non-infringement.
    • Uninterrupted or error-free operation.

    We do not warrant that our Services will meet your requirements, be available at all times, or be free of defects, bugs, or security vulnerabilities.

13. Limitation of Liability

    • Hosting and infrastructure are provided on a best-effort basis. We make no guarantee of uptime, and we are not liable for downtime, service interruptions, or any resulting business loss.
    • To the maximum extent permitted by law, Apex Web shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, sales, data, goodwill, or business opportunities, arising from or relating to the Services.
    • Our total aggregate liability for any claim arising from or relating to the Services shall not exceed the total fees actually paid by you to Apex Web in the twelve (12) months preceding the claim.
    • This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and whether or not we were advised of the possibility of such damages.
    • Nothing in these Terms limits liability that cannot be excluded under applicable law.

14. Indemnification

    You agree to indemnify, defend, and hold harmless Apex Web, its owners, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

    • your Content, website, or business activities;
    • your use of the Services;
    • your violation of these Terms; or
    • your violation of any rights of a third party, including intellectual property or privacy rights.

15. Termination

    • You may terminate these Terms by cancelling your subscription as described in section 6.
    • We may suspend or terminate your access to the Services immediately, without notice, if you breach these Terms, fail to pay fees, or engage in conduct that threatens our infrastructure, other clients, or legal compliance.
    • On termination for breach, we may remove your Content and website without liability, subject to applicable law.

16. Force Majeure

    Neither party shall be liable for any delay or failure to perform resulting from events outside its reasonable control, including:

    • Natural disasters or pandemics.
    • War, terrorism, or civil unrest.
    • Power or internet outages.
    • Government action.
    • Failures of third-party infrastructure.

17. Governing Law & Dispute Resolution

    These Terms are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. Any dispute arising out of or relating to these Terms or the Services shall first be referred to good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, the parties shall submit to the exclusive jurisdiction of the courts of Karachi, Pakistan.

18. Changes to These Terms

    We may update these Terms from time to time. The current version will always be published on this page with a new “Last updated” date. Material changes will be announced on our website or by direct notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

19. Severability & Entire Agreement

    • If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
    • These Terms, together with any quotation, invoice, or written agreement we provide, constitute the entire agreement between you and Apex Web regarding the Services.

20. Contact

    Questions about these Terms? Reach us at [email protected], via WhatsApp at +92 339 0320202, or by phone at +92 339 0320202.